Terms and Conditions of Use

Updated 01/11/2016.

The present General Conditions of Use (" GCU ("Value Your Network") govern the conditions of use of the Services offered by Value Your Network, which can be accessed at the following address www.valueyournetwork.com (the " Website ") and from the "Value Your Network" mobile application (" Mobile Application ").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY: THEY ENTAIL RIGHTS AND OBLIGATIONS FOR YOU.

By registering, the User declares that he/she has effectively read and accepted the GCU without reservation, and is fully aware that he/she is bound by its terms for the entire duration of his/her registration with the Service.

Definitions

  • Advertiser An individual or legal entity proposing a Campaign for its brand, services or products via the Service.
  • Application website accessible from the address https://www.valueyournetwork.com and/or any other address that the Company may add, or mobile application from which the Service is accessible.
  • Campaign A communication campaign offered by an Advertiser to Users according to rules defined by the Advertiser and the Company.
  • Account Personal data related to the use of the Service.
  • Reaction actions that members of one of its Social Networks can take on a Promotional Post published by the User, directly on their Social Networks: bookmarking (or " like"), comment, share...
  • Post Promotional The publication by the User of a Campaign proposed by the Advertiser on his wall or personal page of one of his Social Networks, via the Service.
  • Social Networks third-party social networks of which Users are members and on which Users can post Campaigns.
  • Service features and services offered by the Company.
  • User An individual or legal entity registered with the Service and a member of at least one of the Social Networks offered by the Service.
  • End user A member of a social network who clicks on the Promotional Post or reacts to the Promotional Post posted by the User.
  • Value Your Network Société par actions simplifiée (S.A.S.), headquartered at 25 rue du Mail, 75002 Paris, France, registered in the Paris Trade and Companies Register under number 808 094 361, hereinafter referred to as the "Company". Company"with the Company proposing the " Service ".
  • VScore score: score given by the Service to the User on an indicative basis according to criteria defined by the Company that take into account the User's audience on its Social Networks and its performance on Campaigns.

Article 1: Purpose of the Service

The Company offers Users the opportunity to monetize their audience on their Social Networks. In return for publishing a (potentially personalized) Promotional Post on one or more of their Social Networks via the Service, Users receive a sum of money or gifts according to the conditions set out in article 4 of the GCU.

Article 2: Registration and access to the Service

Registration for the Service is reserved for Users over the age of eighteen who are legally capable of entering into a contract in accordance with articles 1123 and 1124 of the French Civil Code.

Users register for the Service by creating a User Account on the Application. When registering, Users are invited to enter their profile and interests so that we can offer them more targeted Campaigns, and to connect their Account to their other Social Networks.

Use of the Services is subject to validation of the User Account by the Company. The Company reserves the right to refuse access to the User or to limit use. In particular, use of the Services may be subject to a minimum audience per Social Network.

The Service is provided 24 hours a day, 7 days a week, except for periods of interruption required for Service maintenance. The Service is available in several languages as defined on the Application.

Article 3: Service description

Article 3.1: Campaign content

The User is offered Campaigns based on his/her profile, interests, VScore and criteria defined by the Advertiser and the Company. Campaigns contain the following information in particular:

  • Campaign description,
  • the essential information to be relayed (which may be a URL link and/or one or more keywords and/or an image), defined by the Advertiser and the Company,
  • the remuneration conditions offered to the User,
  • the Campaign start date and, if applicable, the Campaign end date,
  • Campaign progress,
  • the Social Network(s) proposed for the Campaign.

Article 3.2: Content of the User's Promotional Posts

The User is totally free to relay the Campaign or not.

If he chooses to relay the Campaign, the User must publish from the Application, on the Social Network(s) of his choice among those proposed for the Campaign, a Promotional Post containing at least the essential information of the Campaign and is invited to personalize the content of his Promotional Post.

They must publish in "public" mode, i.e. visible to everyone, including people who do not directly belong to their Social Networks.

By posting a Promotional Post on the Social Network(s) of his choice, the User must clearly :

  • indicate that its publication constitutes advertising;
  • identify the natural or legal person on whose behalf the operation is being carried out;

The User's Promotional Post must therefore contain the following mention "#sponsorisé" and the name of the individual or legal entity on whose behalf the advertising is carried out.

The User can track the number of clicks and/or Reactions generated by his Promotional Post on his Social Networks at any time.

Article 3.3: End of the Campaign

A Campaign is over for the User when :

  • it reaches the Campaign end date if a Campaign end date had been defined,
  • and/or it reaches the maximum remuneration defined per User per Campaign,
  • and/or it reaches the maximum budget common to all Users.

The maximum budget common to all Users is monitored by a gauge which tracks budget consumption in real time. When the gauge is full, the Campaign is over, even if the Campaign end date has not been reached, or even if the maximum remuneration per User has not been reached.

Article 4: Remuneration

Depending on the Campaign, the proposed remuneration may be based on the following units:

  • the Post,
  • and/or clicking on the Campaign's dedicated link from the Social Networks defined by the Campaign,
  • and/or the number of Reactions on its Social Networks defined by the Campaign (for example the actions of "likeYou'll also be able to use the "Bookmark", "Comment" and "Share" functions.)

A maximum remuneration per User and per Campaign may be defined by the Company.

All Promotional Posts, clicks or Reactions generated after the maximum remuneration per User has been reached and/or after the Campaign has been completed will not be counted towards the User's remuneration.

The calculation of remuneration also takes into account the following criteria:

  • the Promotional Post must strictly relay the essential information of the Campaign,
  • the Promotional Post must have mentioned " #sponsored" and the name of the natural or legal person on whose behalf the advertising is carried out.,
  • the Promotional Post must not constitute misleading or disguised advertising,
  • the Post Promotional must always be present and visible to all when the final remuneration is calculated and paid,
  • the content of the Promotional Post must not be prejudicial to the Advertiser,
  • the content of the Promotional Post must be related to the Campaign, and in particular must not encourage any action unrelated to the Campaign,
  • only clicks or Reactions made on the User's Social Networks and corresponding to those proposed by the Campaign will be counted,
  • only clicks or Reactions generated from the country or countries targeted by the Campaign will be counted,

As a result, the following are not included in the calculation:

  • duplicate clicks,
  • clicks or Reactions generated by a person, robot, automated program or similar device, including by means of clicks originating from IP addresses or computers under the User's control,
  • clicks or Reactions solicited by the User through payment or as a result of misrepresentation or requests inviting a member of a social network to click on Promotional Posts or perform other actions,
  • clicks or Reactions linked to a significant number of activities as described above,
  • Clicks or reactions to posts that are not or are no longer visible to everyone at the time of calculation and payment.

Depending on the Campaign, remuneration may be in cash or in gifts or points that the User may convert into gifts at a later date.

For cash payments, the currency is the Euro. The User may request payment as soon as he has reached the €50 threshold. If the User wishes to receive payment below this threshold, a fee of €2 will be charged by the Service.

Remuneration is paid into the User's Paypal account, as entered in the Application. The User undertakes to inform the Company of any change in his Paypal details or any other information required for billing relations between the User and the Company.

Remuneration is paid 30 days after the end of the month.

The User expressly accepts :

  • the principle of self-billing referred to in article 289 I-2 of the French General Tax Code, which means that the User authorizes the Company to draw up an invoice which will be issued, in the User's name and on his behalf, whenever the User requests payment of his remuneration. VAT will be added to the amount due whenever applicable.
  • the principle of the electronic format of invoices issued by the Company, each invoice being accessible online via the Application or transmitted by email. The User will be informed by email when an invoice is posted on the Application. It is the User's responsibility to pay VAT where applicable, and to fulfil all tax obligations with the relevant authorities.

Article 5: Obligations, responsibilities and guarantees of the User.

Article 5.1: User obligations

Article 5.1.1: Obligations of the User concerning the suitability of the Services offered

The User acknowledges having received from the Company all the information and advice necessary for him to register in full knowledge of the facts. The Company's software is deemed to be made available to Users. "as is "They are similar to standard software packages. They are similar to standard software packages, which cannot meet all Users' specific needs.

It is therefore the User's responsibility to check that the Services offered by the Company are suited to his/her needs and to take all necessary precautions.

Article 5.1.2 : User obligations concerning use of the Service

The user undertakes not to use the wall or personal page of his or her Social Networks exclusively for advertising purposes.

Article 5.1.3 : Obligations of the User concerning the content of his Promotional Posts

The User undertakes to :

  • relay in its Post at least and strictly the essential information of the Campaign;
  • publish your post in "public" mode, i.e. visible to all;
  • mention in his Post " #sponsored" and the name of the natural or legal person on whose behalf the advertising is carried out.;
  • relay content related to the Campaign in its Promotional Post;
  • to publish on LinkedIn only Promotional Posts that are relevant to his professional activity and that contribute to the development of his professional career;
  • not to upload, share, or otherwise communicate any content :
    • obscene, defamatory, abusive, threatening, child pornography, advocating war crimes or crimes against humanity, directly provoking acts of terrorism, violating the privacy of others and / or unlawful in any way whatsoever;
    • that is misleading or could be assimilated to disguised advertising, in accordance with articles L. 121-1 and 121-1-1 of the French Consumer Code;
  • not to harm the Advertiser and the Company, its image, brands, services or products;
  • not to use the Advertiser's and Company's brand and its distinctive elements (name, slogan, logo, image) under conditions other than those defined by the Advertiser, nor outside the Campaign. The User acknowledges that he/she has only a precarious right of use of the Advertiser's brand for the duration of the Campaign, and in no case a license to use the brand. This precarious right of use is no longer valid once the Campaign has ended;
  • not to incite the End User to perform any action unrelated to the Campaign in its Promotional Post;
  • not induce clicks or Reactions by means of payment or as a result of misrepresentation or requests inviting the End User to click on Promotional Posts or perform other actions,
  • Do not spam your networks with repeated and identical promotional posts;
  • not to run any automated program or script, in particular robot software or any program likely to send multiple requests per second to a server or to complicate or hinder in an untimely manner the operation and/or performance of the Service or the Application;
  • not to modify the Service or the Mobile Application or create derivatives thereof;
  • not to create electronic links to the Service or place frames or mirrors of any application on any other wireless or Internet-based server or device;
  • not to upload or share content or behave in a way that would interrupt, hinder, destroy or, more generally, disrupt the operation of the Application and/or the Service or allow unauthorized access to the Application, in particular by using any viruses, insidious lines of code, programs or files;
  • do not use reverse engineering methods to design or build :
    • a competing product or service;
    • a product or service using features, functions or images similar to the Service or Application;
  • not to behave fraudulently by attempting to circumvent the normal operation and rules of the Service;
  • respect the privacy of others, and the confidentiality of any information they may receive;
  • not to usurp the identity of anyone by any means, and in particular by using their Social Networks;
  • always provide accurate, sincere and truthful personal data and information, and update such data and information as soon as necessary to ensure that it remains accurate, complete and up-to-date;
  • not to reproduce, copy, sell or make commercial use (including with regard to the right of access) of all or part of the Service and/or the Application; to comply with all legal and regulatory requirements in force, and in particular those relating to law no. 78-17 of January 6, 1978 on data processing, data files and individual liberties.

Article 5.2 : Responsibilities of the User

Article 5.2.1: Responsibility of the User towards Social Networks

The User is responsible for the use of his/her Accounts on the Social Networks, both for connecting to the Application and for using the Service and publishing his/her Promotional Posts.

Article 5.2.2 : Responsibility of the User concerning the publication of Promotional Posts

Any use of the Service and uploading of content via Promotional Posts made using a Social Network will be deemed to have been made by the User, even in the event of loss of the password or transmission of the password by the User.

The User acknowledges that :

  • the activity of publishing a Promotional Post on the wall and personal page of its Social Networks constitutes a provision of services for which it receives remuneration;
  • that the Company has no subordinate relationship with him;
  • he/she is liable for any breach of these GCU or of applicable laws and regulations.

Article 5.2.3: Responsibility of the User in the event of publication of misleading advertising

The User expressly acknowledges that if he/she publishes misleading advertising, he/she may be liable to " imprisonment for up to two years and a fine of 300,000 euros". in application of article L. 213-1 of the French Consumer Code.

Article 5.3: User warranties

Consequently, the User guarantees :

  • that the content of its Promotional Post is and will remain at all times compliant with these GCU, with those of the Social Networks and with the applicable laws and regulations;
  • the Company against any recourse or action (including associated legal fees) that may be brought by any third party, in particular any End User, as a result of use of the Service, breach of the TOS and any other contractual document, or, more generally, breach of the law;
  • the Company against any damaging act that it may commit with regard to a Social Network, including in the event of non-performance of contractual obligations entered into with a Social Network.

Article 6: Obligations, responsibilities and warranties of the Company

Article 6.1: Company obligations

Article 6.1.1: The Company's obligations regarding audience monetization

The purpose of the Service is to enable Users to monetize their audience on Social Networks. The obligation undertaken by the Company is an obligation of means.

The Company undertakes to:

  • identify and account for User shares giving entitlement to remuneration;
  • pay remuneration or gifts to Users in accordance with the conditions defined in Article 4 of the GCU.

Article 6.1.2: The Company's obligations with regard to the quality of the Service provided

The Company undertakes to exercise all due care and diligence in providing a quality service in accordance with the practices of the business carried on by the Company.

The Company will endeavor to provide access 24 hours a day, 7 days a week, except in cases of force majeure, breakdowns, failures due to the host, or maintenance operations necessary for the proper functioning of the Service.

The Company will make every effort to provide sufficient quality of access, in particular to cope with changes in the volume of Users. In the event of rapid change, the Company may be subject to unavoidable delays in the installation of new hardware or the development of new software.

Users acknowledge that the software used is particularly complex in terms of computer technology and therefore accept to bear the risks of imperfection or unavailability of the Service.

If absolutely necessary, the Company reserves the right to interrupt the Service to carry out technical maintenance or improvements in order to ensure the proper functioning of the Service, regardless of the time and duration of the intervention.

Service interruptions will not entitle Users to any compensation.

The Company may send the User notifications by email or via the Application, in particular to inform them of changes to the Service, new Campaigns and Campaign status.

Article 6.1.3: Obligations of the Company regarding modifications to the Service

The Company reserves the right to modify all or part of the Service at any time and without prior notice. Any change involving a reduction in Users' rights under these GCU shall not be implemented without their prior consent.

Article 6.1.4: Obligations of the Company with regard to misuse or abuse of the Service

The Company reserves the right to set up technical barriers limiting the number and type of Promotional Posts in order to limit any possible abuse or misuse of the Service. The User will be informed by email or on the Application of any technical limitations to the use of the Service.

The Company informs the User that it is obliged to cooperate with any duly mandated judicial authority to provide any information required, whether from the User himself and/or his Promotional Posts, in order to control, or even eliminate, information contrary to the regulations in force.

Article 6.2: Responsibilities of the Company

Article 6.2.1: Responsibility of the Company towards the Social Networks

The conditions applicable to access, supply and use of information and services from the Social Networks are those set by the Social Networks. The Company is not involved in any contractual relationship between the User and any Social Network, even if this contractual relationship is entered into via the Application. Under no circumstances does the Company intervene, in any way whatsoever, in the contractual relations that may be established between the User and the Social Networks. In particular, the Company cannot be held responsible for the content of Promotional Posts broadcast by the User, as the Company has no control, other than possibly technical and a posteriori, over the content broadcast by Users on their Social Networks.

The User acknowledges and accepts that the Internet or any other network used for the purpose of using the Service may be saturated and/or that data exchanged over the network may be hijacked by third parties, and consequently the User releases the Company from any liability in this respect.

Article 6.2.2: Liability of the Company to the User

The Company may not be held liable for any reason whatsoever, including but not limited to the use by a third party of the login and password, nor in the event of modification, suspension or interruption of the Service.

Similarly, the Company may not be held liable for interference by third parties in the communication and transmission systems used by the User, or for malfunctions or stoppages of the Service due to negligence, fault or any act whatsoever on the part of the User or a third party.

The Company cannot be held responsible for the consequences, including financial consequences, that may result from the loss or non-distribution of a Promotional Post due, for example, to a failure of the Internet network or the computer configuration of the equipment used to access the Service, over which the Company has no control.

The User is hereby informed and accepts that all or part of the Service may be temporarily interrupted for reasons of repair, development or maintenance. The Company may not be held liable for the consequences of any interruption due to maintenance or upgrading operations.

Force majeure Force majeure: the Company shall not be held liable for partial or total non-performance of its obligations due to an event of force majeure, and in particular in the event of blockages or failures of telecommunications networks, insurrections, civil war, war, military operations, national or local state of emergency, fire, lightning, flood, explosion, strike, storm, act of a third party, etc. The Company shall not be held liable for the non-performance of its obligations due to an event of force majeure. A failure on the part of the host is also considered a case of force majeure, as an unforeseeable or unavoidable event beyond the Company's control.

In any event, in the event of breach of a non-essential obligation of the Contract, the amount of damages shall not exceed the amount of remuneration paid by the Company to the User or to which the User may be entitled under these GCU.

Article 6.3: Company warranties

The Company makes no warranty, express or implied, as to the use of the Service, and in particular as to its availability.

The User is hereby informed that the Company does not guarantee that the Service will be free of anomalies or errors, nor that these can be corrected, nor that the Service will operate without interruption or breakdown, nor that it is compatible with any particular hardware or configuration other than that expressly recommended by the Company.

Article 7: Suspension and termination of the Service

Article 7.1: At the User's initiative

The User may delete his/her Account at any time via the Application. It is the User's responsibility to ensure that he/she has requested payment before doing so. The deletion of the Account is final and entails the immediate deletion of the User's Account and personal data within a maximum period of one month after de-registration from the Service, as well as the User's rights to any remuneration that may not yet have been paid.

Article 7.2: At the Company's initiative

The Company reserves the right, in the event of non-compliance with any of the clauses contained in these GCU, in particular those relating to the obligations of Users and to any suspected or proven attempt at fraud, to suspend access to the Service or to terminate the User's Account outright and/or to refuse access to the Service, without the User being entitled to claim any compensation whatsoever. Any sums due to the User will be retained by the Company without prejudice to any damages to which the Company may be entitled.

In the event of a breach of the User's obligations, the Company also reserves the right to disclose any information that may be necessary to comply with any laws, regulations, decrees, or a request from a competent authority, without prejudice to any damages to which the Company may be entitled.

The Company reserves the right to cease marketing the Service. The User will be notified by any means and will continue to have access to the Application with at least one month's notice before access to the Service is definitively interrupted. Within this period, the User must take all necessary steps to recover the information he/she wishes and request payment of any remuneration due, before the Service is effectively terminated.

The cessation of the marketing of the Service by the Company shall not give rise to any indemnity or compensation whatsoever on the part of the Company to the User.

Force majeure : in accordance with article 1148 of the French Civil Code, the performance of the Contract, or of any obligation incumbent on the Company under the Contract and these GCU, is limited or disrupted due to a case of force majeure, the Company will then be exempted from the performance of the contractual obligations in question. In this case, the Company may request termination of the present Contract, without being required to pay any compensation, and retaining the benefit of any sums not paid at the date of the request for termination.

Article 8: Intellectual and industrial property rights

Article 8.1: Brand protection

The Company's trademarks, as well as those of the Social Networks and Advertisers (hereinafter referred to together as the " Brands ") are protected under Article L. 713-1 of the French Intellectual Property Code.

In accordance with articles L. 713-2 and L. 713-3 of the French Intellectual Property Code, the User agrees not to reproduce, use or affix one of these Trademarks, even with the addition of words such as ".formula, way, system, imitation, kind, method "The User is also prohibited from removing or modifying a Trademark that has been duly affixed. The User also refrains from removing or modifying a duly affixed Trademark.

In the event of violation of these provisions, the User is liable to prosecution for infringement.

Article 8.2: Protection of Content

All Website Content including, but not limited to, software, graphics, text, audio, video, photographs, logos, icons and designs that appear or are available on the Application and the Service (hereinafter the "Content") is protected by copyright. Contents "The content of this site is protected by copyright under Book I of the French Intellectual Property Code, and is the exclusive property of the Company and/or its Advertiser partners and/or the Social Networks.

The User agrees not to use, reproduce, publish, represent, distribute, adapt, translate, use to create a derivative work or borrow content from the Service for any purpose other than that strictly limited to the use of the Service in accordance with the GCU, unless expressly authorized in writing by the Company and/or its Advertiser partners.

Any unauthorized reproduction, representation, adaptation, publication, distribution, use and/or translation of the Content is liable to prosecution for infringement.

The User also undertakes not to access the Service by any means other than the interface provided by the Company for this purpose, unless expressly authorized by the Company in writing.

Article 9: Personal data

The personal data required for the User's registration are intended for the Company and are necessary for the provision of the Service. The User undertakes to provide accurate and complete data, and to update it as often as necessary.

The Company also collects traffic data which is generated when the User's computer is connected to the Internet and the Application, and which alone does not allow the User to be identified.

The Company collects this data relating to connection to and use of the Service for statistical and non-nominative purposes, in order to improve the Service.

The Company may carry out an exclusively automated reading and analysis of the content of the Posts, for the sole purpose of accounting for the User's remuneration.

The Company may store " cookies "These small files may contain, for example, traffic data and the User's preferences. These small files may contain, for example, traffic data and User preferences. They are also used in the context of advertising services, to help the Service offer Campaigns tailored to the User's profile. The User may delete cookies and configure his or her browser software to prevent cookies from being stored on his or her computer. Certain functions and services of the Application may not function correctly if cookies are deactivated.

Users' personal data is used by the Company for the sole purpose of providing the Service. The data collected is strictly confidential and may not be disclosed to third parties, except with the express consent of the User or in the event of requisition by legal or administrative authorities.

The Company may transmit certain personal information relating to Users to its subcontractors, who are bound by an obligation of confidentiality. The latter will be authorized to use such information solely for the purposes of providing the Service.

The Company may send emails and/or notifications to the User, at the address associated with his/her account, in order to communicate technical or administrative information or to inform the User of the evolution of the Service or the evolution of Campaigns and new Campaigns.

Any other use by the Company of the User's personal data will be made with the User's prior consent.

The information collected is kept for as long as the User is registered with the Service. If the User unsubscribes, in accordance with the terms and conditions set out in the GCU, the information collected will be destroyed within a maximum period of one month after unsubscribing from the Service.

The Company undertakes to implement appropriate technical and organizational measures to ensure the security and confidentiality of Users' personal data.

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, Users have the right to access, rectify and delete any personal information concerning them, either in the " my account "from their User Account or by writing to " contact@valueyournetwork.com "or to the Company's head office at 25, rue du mail, 75002 Paris.

Article 10: Assignment

The Company reserves the right, after informing the User, to transfer its rights and obligations under the GCU and the Contract, subject to the transferee's undertaking to comply with the terms of these GCU.

Article 11: Applicable law - Disputes

The GCU, as well as relations with the Company, are governed, interpreted and applied in accordance with French law.

In the event of any dispute arising in connection with the interpretation or performance of this Agreement, the parties will endeavor to settle the dispute amicably before taking any legal action.

All disputes relating to, or arising from, the use of the Application or the Service shall be submitted to the exclusive jurisdiction of the courts of the Paris Court of Appeal.

Article 12: Miscellaneous provisions

The GCU may be modified at any time by the Company.

In this case, the Company will inform Users by publishing the new GCU on the Application and will obtain their agreement when they connect to the Application.

The User may choose not to accept them and terminate his Contract.

If one or more of the provisions of the GCU is declared invalid, the other provisions shall remain in full force and effect.